vol1 - Page 86
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Subcommittee on Public Health and Welfare of the House Committee
on Foreign and Interstate Commerce, representatives of
pharmaceutical companiest health care organizations and medical
researchers voiced concern that the Bureau of Narcotics and
Dangerous Drugs (now DEA) would have virtually total authority in
......! determining whether drags have accepted medical uses in
treatment° Addressing this contemn Deputy Chief Counsel for
BNDD, Michael R_ Sonnenreich_ declared that the determination of
accepted medical use _will be made by the medical community, n_-_/
_Mainly our feeling is that the trigger on your schedule I drugs
which are really different from your [Schedule] !I_ Ill and IV
drugs [the accepted medical use reqllirement]_ It is this basic
determination that is not made by any part of the Federal
Government° It is made by the medical community as to whether or
not the drug has medical use or doesn_.t. _4_-q/
Congress_ however, never intended the definition of
#accepted medical use in treatment _ to be limited solely to the
medical profession itself. Deputy Chief Counsel Sonnenreich
testified that the determination of Waccepted medical use _ could
be based upon legal opinion_ 4_/ Such a legal opinion, he
observed_ could be offered by a lawyers _[/ nYou donor have to be
_!_/ Drug Abuse Control Amendments_1970: Hearings Before the
Subcomm. on Public Health and Welfare of the Comm. on Interstate
and Foreign Commerce House of Repres., 91st Cong. s 2d sess.
(1970) (statement of Michael R. Sonnenreich, Deputy Chief
Counsel) (hereinafter nHearingsR) at 698.
__Q/ /__® at 718. S_ 692_93_ 708 (same).
if/ at 165o
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